A death caused due to willful, wrongful, or negligent act or fault of someone else. Accidental death or wrongful death lawsuits are meant to provide compensation to the family members left behind after the accident or the wrongful act. If you are dependent on the decedent for emotional and financial support, you are hurt with the incident too.
Some of the questions you need to know about the Wrongful death lawsuits:
- Do you have a claim for the wrongful death?
The answer to this question depends on many factors. A Miami wrongful death attorney can help you in determining the answer considering all the factors. Most of the people have a lot of doubts as for if they can get a claim for the loss. You can get free consultations from an experienced attorney that charges you only if you win the case.
- Can you get help from a lawyer from another state?
The professional law firms that handle such cases operate nationwide. The lawyer handling the case should be familiar with the laws related to wrongful death applicable in the state.
- Who can file the lawsuit for wrongful death?
The parents, spouse and the dependent children of the decedent can only be entitled to file the claim for the wrongful death, but it depends on the circumstances. Normally, the claimant is the one who depends on the decedent for financial support. An attorney can assist the surviving members of the family to file the claim successfully as soon as possible.
- What damages can be recovered in the claim?
In such cases, there are two types of loses that the survivors have to deal with- economic and non-economic. For economic loses, compensations to cover the monetary loss and other expenses incurred due to the negligence of the defendant, are awarded. You can claim for funeral expenses, medical expenses and for lost earnings. Noneconomical damages are physical pain and sufferings that the dependent had to suffer. You can also claim for the noneconomic damages.
- What if you lost the earning capacity or the earning member?
If you lost the earning member or lost the earning capacity due to the defendants’ negligence or wrongful act, you can claim for the compensation. The attorney will decide on the present value of the earning capacity of the decedent and file the claim for the same and can get the reasonable compensation.
- Can the destruction of capacity to enjoy life activities be claimed?
Compensation for the damage for the destruction of the capacity of the decedent to enjoy the life is allowed. These activities include work, family, recreation, sports, and other phases of life.
If you have any other questions, you may ask from an experienced wrongful death lawyer. He can provide you assistance in filing the claim and also can help you in finding out the right amount of compensation that you can claim for your loss due to the negligence or willful wrongful act that caused the death of your loved one.